Rumpf v. Brown — 206 N.Y. 748

Majority

p. 748

William A. Rumpf, Respondent, v. Charles D. Brown, Appellant.

(Argued November 25, 1912;

decided December 10, 1912.)

Headnote

Rumpf v. Brown, 143 App. Div. 920 , modified.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover for an alleged breach of contract.

C. C. Werner for appellant.

James M. E. O’Grady for respondent.

Judgment reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulates to deduct from his recovery the sum of $95.09, with interest from August 22, 1907, in which case the judgment as reduced is affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Oh. J., Gbay, Haight, Vann, Chase and Collin, JJ. Not sitting: Webneb, J.